Elements of Negligence in California

Elements of Negligence in California

Negligence is when a person doesn’t fully apply enough caution or care which results in injuries to another. This means that the amount and type of care provided was not properly exercised, as others in similar circumstances would have applied. The person (plaintiff) who suffers damages caused by another person’s negligence (defendant), can bring forward a claim for personal injury. The most common claims that arise from negligence are car accidents and premise liability such as slip and falls. In order to successfully win a personal injury case against a negligent party, the plaintiff must prove a few elements of negligence.

4 Elements of Negligence

Damages that a party can incur as a result from negligence may include medical bills, bodily injuries, property damages, economic losses, and pain and suffering. The plaintiff must prove the following four elements:
1. Duty– The defendant owed the standard of reasonable care while performing an act that could foreseeably harm others.
2. Breach– The defendant neglected the duty of care by failing to exercise reasonable care.
3. Causation – Due to the defendant’s actions, resulted in a direct cause in plaintiff’s injuries or damages.
4. Damages– The failure to exercise reasonable care must result in monetary losses in order to compensate the plaintiff.
Once all 4 elements have been proven, the courts can compensate the plaintiff for damages resulting from negligence such as medical bills, economic losses, pain and suffering.

Hire A Lawyer to Prove Negligence

Personal injury claims should not be handled without the assistance of an attorney. Insurance claims representatives are trained to pay as little to no compensation for the injuries you have sustained after an accident. However, an attorney can present and argue the medical evidence in your case and convey that the injuries were as a direct result of their insured’s negligence. An experienced attorney will also assist you to convey the future medical needs your injury can encounter and outline future any financial losses this case brought.

Top Quality Law Firm

As you can see, there are a few elements of negligence that must be proven to have a successful personal injury lawsuit. Having a quality attorney on your side will give you a fighting chance to receive the compensation you deserve. If you or a loved one has been victimized by a negligent person, reach out to the lawyers at Sweet Law Group. With over 40 years of legal experience, we are dedicated in helping you get the justice well earned. Call our office for a confidential consultation at (800) 203-3061.